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Author: Bevan Marten Publisher: Springer Science & Business Media ISBN: 3319003518 Category : Law Languages : en Pages : 282
Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author: Bevan Marten Publisher: Springer Science & Business Media ISBN: 3319003518 Category : Law Languages : en Pages : 282
Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author: Aengus R. M. Fogarty Publisher: Informa Law from Routledge ISBN: 9781843113294 Category : Fishing boats Languages : en Pages : 0
Book Description
'Merchant Shipping Legislation' provides a user-friendly approach to this area of law and offers concise information with easy-to-use referencing. Subjects covered include safety, marine pollution, carriage of goods, marine insurance, and European Union regulation of shipping.
Author: John A. C. Cartner Publisher: Routledge ISBN: 113665397X Category : Law Languages : en Pages : 874
Book Description
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
Author: Yvonne Baatz Publisher: CRC Press ISBN: 131761688X Category : Law Languages : en Pages : 635
Book Description
Now in its third edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The coming into force of the 2006 Maritime Labour Convention and the Merchant Shipping Regulations 2014 The approval of the 2012 edition of the Norwegian Sale Form Regulation 100/2013 heavily amending Regulation 1406/2002 establishing the European Maritime Safety Agency Greater detail on piracy in the Public International Law chapter and discussion of the M/V Louisa, ARA Libertad and Arctic Sunrise cases in the International Tribunal for the Law of the Sea Expanded sections in the marine insurance chapter Analysis of recent cases including Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd; Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Griffon Shipping Ltd. v Firodi Shipping Ltd. This book is a comprehensive reference source for students, academics, and legal practitioners worldwide, especially those new to maritime law or a particular field therein.
Author: Thamarappallil Kochu Thommen Publisher: Springer ISBN: 9401192693 Category : Law Languages : en Pages : 187
Book Description
This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.
Author: Edward Watt Publisher: Taylor & Francis ISBN: 1135118310 Category : Law Languages : en Pages : 753
Book Description
The expanded and fully updated second edition include detailed coverage of additional flag states; an examination of the implications of the ISM and ISPS Codes and the requirements of the Large Yacht Code as they relate to ship registration; a new introductory chapter describing the legal and practical requirements of ship registration; and a fresh analysis of the status and usage of national and open registries in current practice.
Author: Haijiang Yang Publisher: Springer Science & Business Media ISBN: 3540331921 Category : Law Languages : en Pages : 294
Book Description
The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.
Author: International Labour Office Publisher: ISBN: Category : Business & Economics Languages : en Pages : 96
Book Description
The texts of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 and Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 are to be submitted to the 303rd Session (November 2008) of the ILO Governing Body which is expected to take a decision on its publication.
Author: Bevan Marten
Author: Bevan Marten
Author: Aengus R. M. Fogarty
Author: 
Author: John A. C. Cartner
Author: United States
Author: Yvonne Baatz
Author: Thamarappallil Kochu Thommen
Author: Edward Watt
Author: Haijiang Yang
Author: International Labour Office